TERMS AND CONDITIONS

Last updated 2025

We are Miracle Wizard llc ("Company," "we," "us," "our"), a company

registered in California, United States at 3830 valley centre drive, 705-525,

san diego, CA 92130.

 

We operate the website MiracleWizard.com (the "Site"), as well as any

other related products and services that refer or link to these legal terms

(the "Legal Terms") (collectively, the "Services").

 

You can contact us by email at Support@miraclewizard.com or by mail to

3830 valley centre drive, 705-525, san diego, CA 92130, United States.

These Legal Terms constitute a legally binding agreement made between

you, whether personally or on behalf of an entity ("you"), and Miracle

Wizard llc, concerning your access to and use of the Services. You agree

that by accessing the Services, you have read, understood, and agreed to

be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL

OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED

FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE

IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on

the Services from time to time are hereby expressly incorporated herein by

reference. We reserve the right, in our sole discretion, to make changes or

modifications to these Legal Terms at any time and for any reason. We will

alert you about any changes by updating the "Last updated" date of these

Legal Terms, and you waive any right to receive specific notice of each

such change. It is your responsibility to periodically review these Legal

Terms to stay informed of updates. You will be subject to, and will be

deemed to have been made aware of and to have accepted, the changes

in any revised Legal Terms by your continued use of the Services after the

date such revised Legal Terms are posted.

 

The Services are intended for users who are at least 18 years old. Persons

under the age of 18 are not permitted to use or register for the Services.

 

We recommend that you print a copy of these Legal Terms for your

records.



TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PRODUCTS

5. PURCHASES AND PAYMENT

6. SUBSCRIPTIONS

7. RETURN POLICY

8. PROHIBITED ACTIVITIES

9. USER GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENSE

11. GUIDELINES FOR REVIEWS

12. SERVICES MANAGEMENT

13. PRIVACY POLICY

14. TERM AND TERMINATION

15. MODIFICATIONS AND INTERRUPTIONS

16. GOVERNING LAW

17. DISPUTE RESOLUTION

18. CORRECTIONS

19. DISCLAIMER

20. LIMITATIONS OF LIABILITY

21. INDEMNIFICATION

22. USER DATA

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND

SIGNATURES

24. SMS TEXT MESSAGING

25. CALIFORNIA USERS AND RESIDENTS

26. MISCELLANEOUS

27. CONTACT US



1. OUR SERVICES

The information provided when using the Services is not intended for

distribution to or use by any person or entity in any jurisdiction or country

where such distribution or use would be contrary to law or regulation or

which would subject us to any registration requirement within such

jurisdiction or country. Accordingly, those persons who choose to access

the Services from other locations do so on their own initiative and are

solely responsible for compliance with local laws, if and to the extent local

laws are applicable.

 

The Services are not tailored to comply with industry-specific regulations

(Health Insurance Portability and Accountability Act (HIPAA), Federal

Information Security Management Act (FISMA), etc.), so if your interactions

would be subjected to such laws, you may not use the Services. You may

not use the Services in a way that would violate the Gramm-Leach-Bliley

Act (GLBA).

 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our

Services, including all source code, databases, functionality, software,

website designs, audio, video, text, photographs, and graphics in the

Services (collectively, the "Content"), as well as the trademarks, service

marks, and logos contained therein (the "Marks").

 

Our Content and Marks are protected by copyright and trademark laws

(and various other intellectual property rights and unfair competition laws)

and treaties in the United States and around the world.

 

The Content and Marks are provided in or through the Services "AS IS" for

your personal, non-commercial use only.

 

Your use of our Services

 

Subject to your compliance with these Legal Terms, including the

"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,

non-transferable, revocable license to:

 

  • access the Services; and

  • download or print a copy of any portion of the Content to which you

have properly gained access.

 

solely for your personal, non-commercial use.

 

Except as set out in this section or elsewhere in our Legal Terms, no part of

the Services and no Content or Marks may be copied, reproduced,

aggregated, republished, uploaded, posted, publicly displayed, encoded,

translated, transmitted, distributed, sold, licensed, or otherwise exploited

for any commercial purpose whatsoever, without our express prior written permission.

 

If you wish to make any use of the Services, Content, or Marks other than

as set out in this section or elsewhere in our Legal Terms, please address

your request to: Support@miraclewizard.com. If we ever grant you the

permission to post, reproduce, or publicly display any part of our Services

or Content, you must identify us as the owners or licensors of the Services,

Content, or Marks and ensure that any copyright or proprietary notice

appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services,

Content, and Marks.

 

Any breach of these Intellectual Property Rights will constitute a material

breach of our Legal Terms and your right to use our Services will terminate

Immediately.

 

Your submissions

 

Please review this section and the "PROHIBITED ACTIVITIES" section

carefully prior to using our Services to understand the (a) rights you give us

and (b) obligations you have when you post or upload any content through

the Services.

 

Submissions: By directly sending us any question, comment, suggestion,

idea, feedback, or other information about the Services ("Submissions"),

you agree to assign to us all intellectual property rights in such Submission.

You agree that we shall own this Submission and be entitled to its

unrestricted use and dissemination for any lawful purpose, commercial or

otherwise, without acknowledgment or compensation to you.

 

You are responsible for what you post or upload: By sending us

Submissions through any part of the Services you:

 

  • confirm that you have read and agree with our "PROHIBITED

ACTIVITIES" and will not post, send, publish, upload, or transmit

through the Services any Submission that is illegal, harassing,

hateful, harmful, defamatory, obscene, bullying, abusive,

discriminatory, threatening to any person or group, sexually explicit,

false, inaccurate, deceitful, or misleading;

  • to the extent permissible by applicable law, waive any and all moral

rights to any such Submission;

  • warrant that any such Submission are original to you or that you

have the necessary rights and licenses to submit such Submissions

and that you have full authority to grant us the above-mentioned

rights in relation to your Submissions; and

  • warrant and represent that your Submissions do not constitute

confidential information.

You are solely responsible for your Submissions and you expressly agree

to reimburse us for any and all losses that we may suffer because of your

breach of (a) this section, (b) any third party’s intellectual property rights, or

(c) applicable law.

 

3. USER REPRESENTATIONS

 

By using the Services, you represent and warrant that: (1) you have the

legal capacity and you agree to comply with these Legal Terms; (2) you are

not a minor in the jurisdiction in which you reside; (3) you will not access

the Services through automated or non-human means, whether through a

bot, script or otherwise; (4) you will not use the Services for any illegal or

unauthorized purpose; and (5) your use of the Services will not violate any

applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or

incomplete, we have the right to suspend or terminate your account and

refuse any and all current or future use of the Services (or any portion

thereof).

 

4. PRODUCTS

 

We make every effort to display as accurately as possible the colors,

features, specifications, and details of the products available on the

Services. However, we do not guarantee that the colors, features,

specifications, and details of the products will be accurate, complete,

reliable, current, or free of other errors, and your electronic display may not

accurately reflect the actual colors and details of the products. All products

are subject to availability, and we cannot guarantee that items will be in

stock. We reserve the right to discontinue any products at any time for any

reason. Prices for all products are subject to change.

 

5. PURCHASES AND PAYMENT

 

We accept the following forms of payment:

- Visa

- Mastercard

- American Express

- Discover

- PayPal

 

You agree to provide current, complete, and accurate purchase and

account information for all purchases made via the Services. You further

agree to promptly update account and payment information, including email

address, payment method, and payment card expiration date, so that we

can complete your transactions and contact you as needed. Sales tax will

be added to the price of purchases as deemed required by us. We may

change prices at any time. All payments shall be in US dollars.

 

You agree to pay all charges at the prices then in effect for your purchases

and any applicable shipping fees, and you authorize us to charge your

chosen payment provider for any such amounts upon placing your order.

We reserve the right to correct any errors or mistakes in pricing, even if we

have already requested or received payment.

 

We reserve the right to refuse any order placed through the Services. We

may, in our sole discretion, limit or cancel quantities purchased per person,

per household, or per order. These restrictions may include orders placed

by or under the same customer account, the same payment method,

and/or orders that use the same billing or shipping address. We reserve the

right to limit or prohibit orders that, in our sole judgment, appear to be

placed by dealers, resellers, or distributors.

 

6. SUBSCRIPTIONS

 

Billing and Renewal

Your subscription will continue and automatically renew unless canceled.

You consent to our charging your payment method on a recurring basis

without requiring your prior approval for each recurring charge, until such

time as you cancel the applicable order. The length of your billing cycle is

monthly.

Cancellation

You can cancel your subscription at any time by logging into your account.

Your cancellation will take effect at the end of the current paid term. If you

have any questions or are unsatisfied with our Services, please email us at

Support@miraclewizard.com.

 

Fee Changes

 

We may, from time to time, make changes to the subscription fee and will

communicate any price changes to you in accordance with applicable law.

 

7. RETURN POLICY

 

Please review our Return Policy posted on the Services prior to making

any purchases.

 

8. PROHIBITED ACTIVITIES

 

You may not access or use the Services for any purpose other than that for

which we make the Services available. The Services may not be used in

connection with any commercial endeavors except those that are

specifically endorsed or approved by us.

 

As a user of the Services, you agree not to:

 

  • Systematically retrieve data or other content from the Services to

create or compile, directly or indirectly, a collection, compilation,

database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any

attempt to learn sensitive account information such as user

passwords.

  • Circumvent, disable, or otherwise interfere with security-related

features of the Services, including features that prevent or restrict

the use or copying of any Content or enforce limitations on the use

of the Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the

Services.

  • Use any information obtained from the Services in order to harass,

abuse, or harm another person.

  • Make improper use of our support services or submit false reports of

abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws

or regulations.

  • Engage in unauthorized framing of or linking to the Services.

  • Upload or transmit (or attempt to upload or to transmit) viruses,

Trojan horses, or other material, including excessive use of capital

letters and spamming (continuous posting of repetitive text), that

interferes with any party’s uninterrupted use and enjoyment of the

Services or modifies, impairs, disrupts, alters, or interferes with the

use, features, functions, operation, or maintenance of the Services.

  • Engage in any automated use of the system, such as using scripts to

send comments or messages, or using any data mining, robots, or

similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any

Content.

  • Attempt to impersonate another user or person or use the username

of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material

that acts as a passive or active information collection or transmission

mechanism, including without limitation, clear graphics interchange

formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar

devices (sometimes referred to as "spyware" or "passive collection

mechanisms" or "pcms").

  • Interfere with, disrupt, or create an undue burden on the Services or

the networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or

agents engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to

prevent or restrict access to the Services, or any portion of the

Services.

  • Copy or adapt the Services' software, including but not limited to

Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile,

disassemble, or reverse engineer any of the software comprising or

in any way making up a part of the Services.

  • Except as may be the result of standard search engine or Internet

browser usage, use, launch, develop, or distribute any automated

system, including without limitation, any spider, robot, cheat utility,

scraper, or offline reader that accesses the Services, or use or

launch any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the

Services.

  • Make any unauthorized use of the Services, including collecting

usernames and/or email addresses of users by electronic or other

means for the purpose of sending unsolicited email, or creating user

accounts by automated means or under false pretenses.

  • Use the Services as part of any effort to compete with us or

otherwise use the Services and/or the Content for any revenue-

generating endeavor or commercial enterprise.

 

9. USER GENERATED CONTRIBUTIONS

 

The Services does not offer users to submit or post content. We may

provide you with the opportunity to create, submit, post, display, transmit,

perform, publish, distribute, or broadcast content and materials to us or on

the Services, including but not limited to text, writings, video, audio,

photographs, graphics, comments, suggestions, or personal information or

other material (collectively, "Contributions"). Contributions may be viewable

by other users of the Services and through third-party websites. When you

create or make available any Contributions, you thereby represent and

warrant that:

 

  • The creation, distribution, transmission, public display, or

performance, and the accessing, downloading, or copying of your

Contributions do not and will not infringe the proprietary rights,

including but not limited to the copyright, patent, trademark, trade

secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses,

rights, consents, releases, and permissions to use and to authorize

us, the Services, and other users of the Services to use your

Contributions in any manner contemplated by the Services and

these Legal Terms.

  • You have the written consent, release, and/or permission of each

and every identifiable individual person in your Contributions to use

the name or likeness of each and every such identifiable individual

person to enable inclusion and use of your Contributions in any

manner contemplated by the Services and these Legal Terms.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising,

promotional materials, pyramid schemes, chain letters, spam, mass

mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent,

harassing, libelous, slanderous, or otherwise objectionable (as

determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or

abuse anyone.

  • Your Contributions are not used to harass or threaten (in the legal

sense of those terms) any other person and to promote violence

against a specific person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or

rule.

  • Your Contributions do not violate the privacy or publicity rights of any

third party.

  • Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-

being of minors.

  • Your Contributions do not include any offensive comments that are

connected to race, national origin, gender, sexual preference, or

physical handicap.

  • Your Contributions do not otherwise violate, or link to material that

violates, any provision of these Legal Terms, or any applicable law or

Regulation.

 

Any use of the Services in violation of the foregoing violates these Legal

Terms and may result in, among other things, termination or suspension of

your rights to use the Services.

 

10. CONTRIBUTION LICENSE

 

You and Services agree that we may access, store, process, and use any

information and personal data that you provide and your choices (including

settings).

 

By submitting suggestions or other feedback regarding the Services, you

agree that we can use and share such feedback for any purpose without

compensation to you.

 

We do not assert any ownership over your Contributions. You retain full

ownership of all of your Contributions and any intellectual property rights or

other proprietary rights associated with your Contributions. We are not

liable for any statements or representations in your Contributions provided

by you in any area on the Services. You are solely responsible for your

Contributions to the Services and you expressly agree to exonerate us

from any and all responsibility and to refrain from any legal action against

us regarding your Contributions.

 

11. GUIDELINES FOR REVIEWS

 

We may provide you areas on the Services to leave reviews or ratings.

When posting a review, you must comply with the following criteria: (1) you

should have firsthand experience with the person/entity being reviewed; (2)

your reviews should not contain offensive profanity, or abusive, racist,

offensive, or hateful language; (3) your reviews should not contain

discriminatory references based on religion, race, gender, national origin,

age, marital status, sexual orientation, or disability; (4) your reviews should

not contain references to illegal activity; (5) you should not be affiliated with

competitors if posting negative reviews; (6) you should not make any

conclusions as to the legality of conduct; (7) you may not post any false or

misleading statements; and (8) you may not organize a campaign

encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our sole discretion. We have

absolutely no obligation to screen reviews or to delete reviews, even if

anyone considers reviews objectionable or inaccurate. Reviews are not

endorsed by us, and do not necessarily represent our opinions or the views

of any of our affiliates or partners. We do not assume liability for any review

or for any claims, liabilities, or losses resulting from any review. By posting

a review, you hereby grant to us a perpetual, non-exclusive, worldwide,

royalty-free, fully paid, assignable, and sublicensable right and license to

reproduce, modify, translate, transmit by any means, display, perform,

and/or distribute all content relating to review.

 

12. SERVICES MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Services for

violations of these Legal Terms; (2) take appropriate legal action against

anyone who, in our sole discretion, violates the law or these Legal Terms,

including without limitation, reporting such user to law enforcement

authorities; (3) in our sole discretion and without limitation, refuse, restrict

access to, limit the availability of, or disable (to the extent technologically

feasible) any of your Contributions or any portion thereof; (4) in our sole

discretion and without limitation, notice, or liability, to remove from the

Services or otherwise disable all files and content that are excessive in size

or are in any way burdensome to our systems; and (5) otherwise manage

the Services in a manner designed to protect our rights and property and to

facilitate the proper functioning of the Services.

 

13. PRIVACY POLICY

 

We care about data privacy and security. By using the Services, you agree

to be bound by our Privacy Policy posted on the Services, which is

incorporated into these Legal Terms. Please be advised the Services are

hosted in the United States. If you access the Services from any other

region of the world with laws or other requirements governing personal

data collection, use, or disclosure that differ from applicable laws in the

United States, then through your continued use of the Services, you are

transferring your data to the United States, and you expressly consent to

have your data transferred to and processed in the United States.

 

14. TERM AND TERMINATION

 

These Legal Terms shall remain in full force and effect while you use the

Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE

LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE

DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO

AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP

ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO

REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN

THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR

REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN

THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT

YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE

DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited

from registering and creating a new account under your name, a fake or

borrowed name, or the name of any third party, even if you may be acting

on behalf of the third party. In addition to terminating or suspending your

account, we reserve the right to take appropriate legal action, including

without limitation pursuing civil, criminal, and injunctive redress.

 

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the

Services at any time or for any reason at our sole discretion without notice.

However, we have no obligation to update any information on our Services.

We also reserve the right to modify or discontinue all or part of the Services

without notice at any time. We will not be liable to you or any third party for

any modification, price change, suspension, or discontinuance of the

Services.

 

We cannot guarantee the Services will be available at all times. We may

experience hardware, software, or other problems or need to perform

maintenance related to the Services, resulting in interruptions, delays, or

errors. We reserve the right to change, revise, update, suspend,

discontinue, or otherwise modify the Services at any time or for any reason

without notice to you. You agree that we have no liability whatsoever for

any loss, damage, or inconvenience caused by your inability to access or

use the Services during any downtime or discontinuance of the Services.

Nothing in these Legal Terms will be construed to obligate us to maintain

and support the Services or to supply any corrections, updates, or releases

in connection therewith.

 

16. GOVERNING LAW

 

These Legal Terms and your use of the Services are governed by and

construed in accordance with the laws of the State of California applicable

to agreements made and to be entirely performed within the State of

California, without regard to its conflict of law principles.

 

17. DISPUTE RESOLUTION

 

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations,

the Dispute (except those Disputes expressly excluded below) will be

finally and exclusively resolved by binding arbitration. YOU UNDERSTAND

THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO

SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be

commenced and conducted under the Commercial Arbitration Rules of the

American Arbitration Association ("AAA") and, where appropriate, the AAA’s

Supplementary Procedures for Consumer Related Disputes ("AAA

Consumer Rules"), both of which are available at the American Arbitration

Association (AAA) website. Your arbitration fees and your share of

arbitrator compensation shall be governed by the AAA Consumer Rules

and, where appropriate, limited by the AAA Consumer Rules. If such costs

are determined by the arbitrator to be excessive, we will pay all arbitration

fees and expenses. The arbitration may be conducted in person, through

the submission of documents, by phone, or online. The arbitrator will make

a decision in writing, but need not provide a statement of reasons unless

requested by either Party. The arbitrator must follow applicable law, and

any award may be challenged if the arbitrator fails to do so. Except where

otherwise required by the applicable AAA rules or applicable law, the

arbitration will take place in San Diego, California. Except as otherwise

provided herein, the Parties may litigate in court to compel arbitration, stay

proceedings pending arbitration, or to confirm, modify, vacate, or enter

judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the

Dispute shall be commenced or prosecuted in the state and federal

courts located in San Diego, California, and the Parties hereby consent to,

and waive all defenses of lack of personal jurisdiction, and forum non

conveniens with respect to venue and jurisdiction in such state and federal

courts. Application of the United Nations Convention on Contracts for the

International Sale of Goods and the Uniform Computer Information

Transaction Act (UCITA) are excluded from these Legal Terms.

 

In no event shall any Dispute brought by either Party related in any way to

the Services be commenced more than one (1) years after the cause of

action arose. If this provision is found to be illegal or unenforceable, then

neither Party will elect to arbitrate any Dispute falling within that portion of

this provision found to be illegal or unenforceable and such Dispute shall

be decided by a court of competent jurisdiction within the courts listed for

jurisdiction above, and the Parties agree to submit to the personal

jurisdiction of that court.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute

between the Parties individually. To the full extent permitted by law, (a) no

arbitration shall be joined with any other proceeding; (b) there is no right or

authority for any Dispute to be arbitrated on a class-action basis or to utilize

class action procedures; and (c) there is no right or authority for any

Dispute to be brought in a purported representative capacity on behalf of

the general public or any other persons.

 

Exceptions to Arbitration

 

The Parties agree that the following Disputes are not subject to the above

provisions concerning binding arbitration: (a) any Disputes seeking to

enforce or protect, or concerning the validity of, any of the intellectual

property rights of a Party; (b) any Dispute related to, or arising from,

allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)

any claim for injunctive relief. If this provision is found to be illegal or

unenforceable, then neither Party will elect to arbitrate any Dispute falling

within that portion of this provision found to be illegal or unenforceable and

such Dispute shall be decided by a court of competent jurisdiction within

the courts listed for jurisdiction above, and the Parties agree to submit to

the personal jurisdiction of that court.

 

18. CORRECTIONS

 

There may be information on the Services that contains typographical

errors, inaccuracies, or omissions, including descriptions, pricing,

availability, and various other information. We reserve the right to correct

any errors, inaccuracies, or omissions and to change or update the

information on the Services at any time, without prior notice.

 

19. DISCLAIMER

 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE

BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT

YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN

CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS

OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES

OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL

ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,

MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF

THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF

OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL

INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR

FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,

OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE

SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR

OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS

OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF

ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE

AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,

GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR

SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH

THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR

MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER

ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE

RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN

YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR

SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE

THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD

USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE

APPROPRIATE.

 

20. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR

AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,

INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,

OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,

LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF

THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING

TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU

FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM

OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT

PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD

PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE

LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON

IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF

CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL

OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO

YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

21. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our

subsidiaries, affiliates, and all of our respective officers, agents, partners,

and employees, from and against any loss, damage, liability, claim, or

demand, including reasonable attorneys’ fees and expenses, made by any

third party due to or arising out of: (1) use of the Services; (2) breach of

these Legal Terms; (3) any breach of your representations and warranties

set forth in these Legal Terms; (4) your violation of the rights of a third

party, including but not limited to intellectual property rights; or (5) any overt

harmful act toward any other user of the Services with whom you

connected via the Services. Notwithstanding the foregoing, we reserve the

right, at your expense, to assume the exclusive defense and control of any

matter for which you are required to indemnify us, and you agree to

cooperate, at your expense, with our defense of such claims. We will use

reasonable efforts to notify you of any such claim, action, or proceeding

which is subject to this indemnification upon becoming aware of it.

 

22. USER DATA

 

We will maintain certain data that you transmit to the Services for the

purpose of managing the performance of the Services, as well as data

relating to your use of the Services. Although we perform regular routine

backups of data, you are solely responsible for all data that you transmit or

that relates to any activity you have undertaken using the Services. You

agree that we shall have no liability to you for any loss or corruption of any

such data, and you hereby waive any right of action against us arising from

any such loss or corruption of such data.

 

23. ELECTRONIC COMMUNICATIONS,

TRANSACTIONS, AND SIGNATURES

 

Visiting the Services, sending us emails, and completing online forms

constitute electronic communications. You consent to receive electronic

communications, and you agree that all agreements, notices, disclosures,

and other communications we provide to you electronically, via email and

on the Services, satisfy any legal requirement that such communication be

in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC

SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND

TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS

OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE

SERVICES. You hereby waive any rights or requirements under any

statutes, regulations, rules, ordinances, or other laws in any jurisdiction

which require an original signature or delivery or retention of non-electronic

records, or to payments or the granting of credits by any means other than

electronic means.

 

24. SMS TEXT MESSAGING

The Miracle Wizard mobile message service (the "Service") is operated by Miracle Wizard (“Miracle Wizard”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Miracle Wizard’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Miracle Wizard through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Miracle Wizard. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18888916817 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Miracle Wizard mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18888916817 or email Support@miraclewizard.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

 

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply

reply to the text with "STOP.” You may receive an SMS message

confirming your opt out.

 

Message and Data Rates

 

Please be aware that message and data rates may apply to any SMS

messages sent or received. The rates are determined by your carrier and

the specifics of your mobile plan.

 

Support

 

If you have any questions or need assistance regarding our SMS

communications, please email us at Support@miraclewizard.com.

 

25. CALIFORNIA USERS AND RESIDENTS

 

If any complaint with us is not satisfactorily resolved, you can contact the

Complaint Assistance Unit of the Division of Consumer Services of the

California Department of Consumer Affairs in writing at 1625 North Market

Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)

952-5210 or (916) 445-1254.

 

26. MISCELLANEOUS

 

These Legal Terms and any policies or operating rules posted by us on the

Services or in respect to the Services constitute the entire agreement and

understanding between you and us. Our failure to exercise or enforce any

right or provision of these Legal Terms shall not operate as a waiver of

such right or provision. These Legal Terms operate to the fullest extent

permissible by law. We may assign any or all of our rights and obligations

to others at any time. We shall not be responsible or liable for any loss,

damage, delay, or failure to act caused by any cause beyond our

reasonable control. If any provision or part of a provision of these Legal

Terms is determined to be unlawful, void, or unenforceable, that provision

or part of the provision is deemed severable from these Legal Terms and

does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship

created between you and us as a result of these Legal Terms or use of the

Services. You agree that these Legal Terms will not be construed against

us by virtue of having drafted them. You hereby waive any and all defenses

you may have based on the electronic form of these Legal Terms and the

lack of signing by the parties hereto to execute these Legal Terms.

 

27. CONTACT US

 

In order to resolve a complaint regarding the Services or to receive further

information regarding use of the Services, please contact us at:

Miracle Wizard llc

3830 valley centre drive

705-525

san diego, CA 92130

United States

support@miraclewizard.com